Probly — Terms of Use

Probly provides users with a prediction market platform for Contracts and other related Services. The Probly Platform enables you to participate in prediction markets by predicting outcomes of future events (“Prediction Markets”). You may create or participate in Prediction Markets by staking cryptocurrency on potential outcomes. All Prediction Markets must be based on objectively verifiable events and outcomes that can be determined through reliable third-party data sources (“Data Sources”).

Probly reserves the right to determine which Data Sources will be used to verify outcomes. Probly will clearly indicate the designated Data Source(s) for each Prediction Market at the time of market creation. Once an outcome has been determined based on data from the designated Data Source(s), it shall be considered final and binding. Probly maintains sole discretion over which types of events may be the subject of Prediction Markets and may remove or suspend any markets that violate these Terms or applicable laws. You may not create or participate in markets related to illegal activities, personal violence, terrorism, or other prohibited subjects as determined by Probly.

The pricing information provided by Probly relating to Prediction Markets does not represent an offer, a solicitation of an offer, or any advice regarding, or recommendation to enter into, a transaction with Probly.

Even when Probly Platform appears to be dynamic (e.g., updating or providing new displays when you – on your own accord – provide certain information), at no time is Probly taking action directed by you or on your behalf. In addition, if you click the “Connect Wallet” feature on the Probly Platform such that your self-hosted cryptocurrency wallet (“Wallet”) is able to provide information to be transmitted to a blockchain network or other blockchain-based application, you should note that Probly (i) is not involved in providing or transmitting any such information to networks, (ii) cannot transmit any information to networks or otherwise assist in any transaction, (iii) never has access to and cannot control or provide guarantees relating to your Wallet and (iv) has no authority over and does not take possession or custody of your cryptoassets at any time, except as otherwise discussed herein. This also means that Probly is unable to assist with transactions: please be vigilant in interacting with any immutable blockchain technology. Further, Probly do not own or control any of the deployed Contracts, the underlying software through which blockchain networks are formed or the smart contract protocol.

You are solely responsible for familiarizing yourself with your Wallet and its safety and security features, including any private keys and passwords associated therewith. We will not and cannot access your private key, password, or any cryptoassets held within your Wallet nor can it reverse any transactions you initiate with your Wallet (or otherwise). We cannot be responsible or liable in any way for how you use your Wallet.

You should also familiarize yourself with the risks associated with transacting on blockchain networks, including but not limited to smart contract vulnerabilities, front end vulnerabilities, hacks, phishing attacks, social engineering attacks, cryptoasset volatility and transaction irreversibility.

All information provided in connection with your access and use of the Probly Platform is intended for informational purposes only. Although Probly commits to maintaining the accuracy of the information provided through to its users, Probly cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Probly be liable for any loss or damage that may be caused directly or indirectly arising from your use of the information provided to you. The information provided by Probly may change without notice, and you agree to do your own research and thereafter, make independent decisions despite the information provided on the Probly Platform. Probly does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Probly. All users of Probly must understand the risks involved in the Contracts, and are recommended to exercise prudence and trade responsibly within their own capabilities.

We do not effectuate, facilitate or control any transactions initiated via the Probly Platform, and Probly will not be responsible for the result of any transactions, including but not limited to failed, inadvertent, or fraudulent transactions that may result in loss of funds or transaction fees or any other loss or harm to you.

All users must sign up for a Probly account at probly.com before using Probly. Users must connect their wallet with their account prior to any predictions. If you do not have a cryptographic wallet, you will be directed to our partnered third-party website which will create a cryptographic wallet for you. We have no access to or control over your wallet, private keys, or digital assets.

If you are an individual, you agree that by accessing or using the Probly Platform, you represent, agree and warrant that you are at least 18 years of age and legally capable of forming a binding contract under applicable laws.

If you are accessing or using the Probly Platform on behalf of a legal entity, you represent, agree and warrant that such legal entity is duly organized and validly existing under applicable laws of the jurisdiction of incorporation AND you are duly authorized by such legal entity to act on its behalf.

Regardless of whether you are an individual or acting on behalf of a legal entity, you represent, agree and warrant that: (a) you have not previously been suspended or removed from using the Probly Platform; (b) you do not have an existing Probly account; (c) you are not subjected to any economic or trade sanctions lists of any competent authority, including (for example) but not limited to the list of Specially Designated Nationals maintained by the Office of Foreign Assets Control of the U.S Department of the Treasury (OFAC) or the United Nations Security Council Sanctions List.

Regardless of whether you are an individual or acting on behalf of a legal entity, you represent, agree and warrant that you are not permitted to access, use or trade with the Predictions Markets on the Probly Platform if you are residing in, a citizen of, organized in or located in the following jurisdictions (collectively, the “Restricted Jurisdictions”): a jurisdiction or territory that is the subject of comprehensive country-wide, territory-wide or regional economic sanctions by the United States, including but not limited to Iran, Syria, Cuba, North Korea, Russian controlled regions of Ukraine such as Crimea, Donetsk and Luhansk, the United States, United Kingdom, Argentina, France, Canada, Singapore, Poland, Netherlands, Thailand, People’s Republic of China (inclusive of the Hong Kong Special Administrative Region of the People's Republic of China), Hungary, Portugal and Brazil.

You must not use VPNs, proxies, or other tools to circumvent geographic or jurisdictional restrictions.

You represent that your use of the Services does not violate any applicable laws, and you are solely responsible for compliance with local regulations, including tax obligations.

You represent and warrant that you – and only you – are responsible for properly configuring, as applicable, and using the Probly Platform, any other Interface, or the Features or incorporating the Features into your applications or Wallet and for taking appropriate action to secure your data, including without limitation, financial or token information and private keys.

You represent and warrant that you possess sufficient knowledge, market sophistication, professional advice, experience and skills to engage with the Probly Platform, any other Interface, and the Features, if you are permitted to use it, and that you have the requisite understanding of blockchain technology, cryptoassets and cryptography to be able to engage with the Features.

Your access to the Probly Platform, any other Interface, and Features is not (i) prohibited by and does not otherwise violate or assist you to violate any domestic or foreign law, rule, statute, regulation, by-law, order, protocol, code, decree, or another directive, requirement, or guideline, published or in force that applies to or is otherwise intended to govern or regulate any person, property, transaction, activity, event or other matter, including any rule, order, judgment, directive or other requirement or guideline issued by any domestic or foreign federal, provincial or state, municipal, local or other governmental, regulatory, judicial or administrative authority having jurisdiction over the Probly Platform, you, any other Interface, or the Features, or as otherwise duly enacted, enforceable by law, the common law or equity (collectively, “Applicable Laws”); or (ii) contribute to or facilitate any illegal activity. You represent and warrant that you will comply with all Applicable Laws, and you will not use the Probly Platform, any other Interface, or the Features if the laws of your country, or any Applicable Law, prohibit you from doing so.

You acknowledge and understand that the Company is not involved in nor responsible for the resolution of any Prediction Markets displayed on the Platform. You acknowledge and agree that the Company is not responsible for any disputes related to the resolution of any Prediction Markets.

You understand and unequivocally agree that, to enjoy the Probly Services, you may be required to agree and conclude separate agreement(s), guidelines, policies and instructions with Probly which shall form part of the legal contract between you and Probly. You further agree that by participating in corresponding functions or applicable Probly Services, you are deemed to have read, understood and accepted provisions contained therein.

You agree to access, use or otherwise interact with the Probly Platform, any other Interface and Features only in an authorized, proper and appropriate manner and in accordance with these Terms and with all Applicable Laws.

With respect to Prediction Markets, you acknowledge that: (a) they are wagering actual cryptocurrency with real value; (b) all wagers are final once confirmed on the blockchain; (c) Probly Platform does not guarantee the accuracy of data sources or prediction outcomes; (d) delays or blockchain network issues may affect the timing of market resolution; and (e) Probly Platform may suspend or cancel any Prediction Market that becomes impossible to resolve definitively using the data sources.

Probly or a third party acting on behalf of Probly may, from time to time, request additional information from you, including information confirming that you are not a Restricted Person. If you do not provide such information within the time period set by Probly or if Probly determines, in its sole discretion, that such information is not adequate, Probly may, in its sole discretion, (i) terminate your access to the Probly Platform, any other Interface, and/or Features, (ii) prohibit you from participating in any reward or incentive programs or product launches and (iii) take any other action Probly deems reasonable or necessary in its sole discretion.

You agree not to allow or enable anyone to use, log in and/or direct your Probly account in any way. You are responsible for your own Probly account, including but not limited to your Probly password, keys, user ID, and all credentials associated with your Probly account. You agree that you will notify us immediately such your Probly account be accessed without authorisation from you, including through hacking. Probly will not be responsible for any liabilities, losses, or damages of any kind, whether directly or indirectly out of unauthorised access of your Probly account’s credentials. Probly will not be liable for compensation or other legal liabilities arising out of the above causes of unauthorised access to your Probly account.

You are solely responsible for keeping your Probly account (including username and password) safe, and be responsible for all the transactions undertaken by the same. Probly assumes no liability for any loss or consequences caused by authorised or unauthorised use of your Probly account, including but not limited to information disclosure, information release, consent or submission of various rules and agreements.

You represent and warrant that you are responsible for properly configuring, as applicable, and using the Probly Platform, any other Interface, or the Features or incorporating the Features into your applications or Wallet and for taking appropriate action to secure your data, including without limitation, financial or token information and private keys.

You acknowledge and agree that we will own all right, title, and interest to any feedback to us or you submit. You represent and warrant that (i) you and your licensors own all right, title and interest to your feedback; and (ii) you will not violate any intellectual property or other rights of third parties in providing feedback to us. We will try to review your feedback but are not obligated to do so nor are we obligated to release any modifications or improvements you submit to us based on your feedback.

The Company or its licensors own all right, title, and interest, including all intellectual property rights, in and to the Probly Platform, any other Interface, and Features, including any related content and technology, unless otherwise indicated. Subject to the Terms, the Company hereby grants you a personal, limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use, copy, and distribute in connection with such use the Probly Platform, any other Interface, and Features. This license is solely intended to allow you to access, use or otherwise interact with the Probly Platform, any other Interface, and Features.

You acknowledge and agree that you do not receive any other rights to the Probly Platform, any other Interface, or Features other than those specified in the Terms. Certain Features may be provided to you under a separate license; third party features or applications integrated into the Probly Platform or Features may be subject to other or additional intellectual property licenses and thus, you must review any terms relevant to those third party features or applications to determine the relevant license applicable thereto. You agree you will not violate the terms of any such separate license.

By using the Probly Platform, any other Interface, or any Features, you grant us a limited, non-exclusive, sublicensable, worldwide, royalty free license to use, copy, modify and display any content or feedback you provide to us or that you post on or through the Probly Platform, any other Interface, or any Features solely for our business purposes, including but not limited to the purpose of providing the Probly Platform, any other Interface, or Features for so long as is necessary to do so.

By providing any feedback or providing any information on or through the Probly Platform, any other Interface, or via the Features (collectively, the “Content”), you hereby grant to us a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium, or manner, any Content, including, without limitation, for promoting the Platform, its affiliates, the Features, the Probly Platform or any other Interface. You represent and warrant that (a) you own your Content or have the right to grant the rights and licenses in these Terms; and (b) your Content and our use of your Content, as licensed herein, does not and will not violate, misappropriate or infringe on any third party’s rights.

Provided that you are in constant compliance with these Terms, Probly grants you a revocable, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services through your computer or internet compatible devices for your personal/internal purposes.

In connection with these Terms, you agree that when you use any Probly’s Services, such usage does not mean Probly is transferring any of the Probly’s Services or the ownership or intellectual property rights to you or anyone else. All text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression look and feel, and layout of any content (“Materials”) included in the Probly Services, are exclusively owned, controlled and/or licensed by Probly, or its members, parent companies, licensors or affiliates. Except for any third-party content, all Materials contained in the Probly Platform are the property of Probly or its third-party licensors or suppliers. All trademarks, service marks, and trade names are proprietary to Probly or its affiliates and/or third-party licensors. Except as expressly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Materials or the intellectual property rights mentioned above, and you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

The Probly Platform, any other Interface, and Features may be integrated with or otherwise give access to applications, services, sites, technology, data, operations, features and resources that are provided or otherwise made available by third parties (“Third Party Services”). If the Probly Platform, any other Interface, or Features may contain links to Third Party Services, then they are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access a Third Party Service integrated with or linked to any Interface or Feature, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice. Your access and use of Third Party Services may be subject to additional terms and conditions, privacy policies, or other agreements with those third parties, which we do not control and otherwise may have no relationship with. Probly has no control over and is not responsible for such Third Party Services, including for the accuracy, availability, reliability, verification, or completeness of information or content shared by or available through Third Party Services, or the privacy practices of Third Party Services. Your use of any Third Party Services is directly between you and that third party, and you acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Services. You will be responsible for any and all costs and charges associated with your use of any Third Party Services.

Please review any applicable terms, privacy policies or agreements of Third Party Services prior to using such services. The integration or inclusion of such Third Party Services does not imply an endorsement or recommendation of such Third Party Services. Any links to third-party websites from Probly Platform does not imply endorsement by Probly of any product, service, information or disclaimer presented therein, nor does Probly guarantee the accuracy of the information contained therein. If you suffer loss from using such third-party product and service, Probly will not be liable for such loss. In addition, since Probly has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.

By accessing the Probly Platform, any other Interface, or Features, you hereby acknowledge and agree that Probly cannot and does not guarantee the functionality, security, or availability of the Probly Platform, any other Interface, or Features. The technologies on which the Probly Platform, any other Interface, or Features rely on may be subject to sudden changes and we cannot and do not guarantee that your access to the Probly Platform, any other Interface, or Features or the ability to transact thereon will be uninterrupted or error free or that your cryptoassets will be secure at all times. You assume all risks related thereto.

To the maximum extent permitted by applicable law, in no event will Probly and its respective shareholders, members, directors, officers, employees, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential damages or liabilities whatsoever (including without limitation, damages for loss of data, information, revenue, profits or other business or financial benefits) arising from Probly’s Services, or any other product, service or other item provided by or on behalf of Probly and its affiliates. Probly is not liable for third-party actions, technical malfunction, blockchain failures, hacks, or force majeure events.

The Services are provided on an “as is where is basis”. To the fullest extent permitted by law, we expressly disclaim, and you hereby waive, any representations, conditions or warranties of any kind, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, accuracy or non-infringement and implied warranties arising from course of dealing or course of performance. The entire risk arising out of use or performance of the Services remains with you. We do not represent or warrant that access to the Services will be continuous, uninterrupted, timely, or secure; that the information contained in the Services will be accurate, reliable, complete, or current; or that the Services will be free from errors, defects, viruses, or other harmful elements. No advice, information, or statement that we make should be treated as creating any warranty concerning the Services. We do not endorse, guarantee, or assume responsibility for any advertisements, offers, or statements made by third parties concerning the Services. You acknowledge that Probly is not responsible for transferring, safeguarding, or maintaining your private keys or any digital assets associated therewith. If you lose, mishandle, or have stolen associated digital asset private keys, you acknowledge that you may not be able to recover associated digital asset and that Probly is not responsible for such loss. You acknowledge that Probly is not responsible for any loss, damage or liability arising from your failure to comply with the terms hereunder.

Notwithstanding the foregoing and to the fullest extent permitted by applicable law, the total aggregate liability of Probly for losses that the user may suffer arising out of, or in connection with the Probly’s Services, or any other product, service or other item provided by or on behalf of Probly and its affiliates shall be limited to a maximum of the amount of 100 USD. You acknowledge and agree that neither Probly or its respective affiliates are aware of any special circumstances pertaining to you, and that damages are an adequate remedy and that you shall not be entitled to any other claims or remedies at law or in equity, including but not limited to, any claim in rem, injunction and/or specific performance.

You acknowledge and agree that there are risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, the risk of smart contract or blockchain network failure or bugs, the risk of governance failures or attacks, economic or valuation model failures, forking events, and that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that Probly will not be responsible for any communication failures, disruptions, errors, distortions or delays or losses you may experience, however caused. The regulatory regime governing blockchain technologies, digital assets, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the Services, and therefore the potential utility or value of your digital assets. Upgrades may have unintended adverse effects on the Services or your digital assets.

Predictions or Wagers processed by Probly are irreversible. Probly assumes no liability for errors or omissions made during transaction confirmations, including accidental transmissions. By accessing and using the Interface, you represent that you are financially and technically sophisticated, such that you understand the inherent risks associated with using cryptographic and blockchain-based systems.

By using the Interface, you expressly waive and release Probly from any and all liabilities, claims, cause of action or damages arising from any issues relating to (a) your use of the Interface; (b) your interaction with Probly; (c) your reliance on any information; (d) your use of any third-party tools or integration; (e) any regulatory, tax or legal consequences.

By using the Interface to engage in trading or other activities with Probly, you waive any recourse against Probly for any losses or damages incurred.

You understand that trading a particular Contract on Probly Platform may cease due to a lack of bids or offers and, on certain specific trading dates, a Contract will expire pursuant to its terms even if the Probly Platform is not accessible. You freely assume these risks and hold Probly and its respective shareholders, members, directors, officers, employees, agents, representatives, suppliers or contractors harmless against any such losses resulting from these risks.

Any content, information or data made available through us may be incomplete, outdated or subject to other inaccuracies. You are solely responsible for verifying the accuracy and relevance of such information before making any decisions or taking any action. Before you make any financial, legal, technical, operational or other decisions involving the Services, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.

You acknowledge and understand that Probly is not involved in nor responsible for the resolution of any Prediction Markets displayed on the Probly Platform. You acknowledge and agree that Probly is not responsible for any disputes related to the resolution of any Prediction Markets.

We may provide information about tokens in our Services sourced from third-party data partners. The provision of information materials does not make trade in the Contracts solicited. We are not attempting to induce you to make any trades as a result of information provided. All such information provided by any of our Services is for informational purposes only and should not be construed as investment advice or a recommendation that a particular Contract is a safe or sound investment. You should not take, or refrain from taking, any action based on any information contained in any of our Services. By providing information for your convenience, we do not make any investment recommendations to you or opine on the merits of any transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objections, financial circumstances and risk tolerance.

You agree that Probly shall have the right, in its sole discretion, to control any action or proceeding in which you are obligated to indemnify Probly for.

We may suspend or terminate your access to the Services at any time, for any reason, including violations of these Terms, without notice or liability.

Upon termination, your license to use the Services ends, but sections surviving termination (e.g., limitation of liability, indemnification) remain in effect.

These Terms are governed by the laws of Panama, without regard to conflict of laws principles.

Prior to commencing any legal proceeding against us of any kind, including an arbitration, you and we agree that we will attempt to resolve any Claim by engaging in good faith negotiations. Such negotiations require that the aggrieved party provide a written notice to the other party specifying the nature and details of the dispute (the “Initial Notice”). The party receiving such notice shall have twenty days to respond, and within forty-five days after the Initial Notice was sent, the parties shall meet and confer in good faith to try and resolve the Claim. If the parties are unable to do so within ninety days of the Initial Notice, the parties may agree to mediate their dispute or either party may submit to arbitration according to these Terms.

You acknowledge and agree that in the event of any dispute, controversy, difference or claim, including the existence, validity, interpretation, performance, breach or termination of these Terms or Services or any dispute arising out of or relating to these Terms or Services shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be the laws of the Hong Kong Special Administrative Region of People’s Republic of China (“Hong Kong”).

You agree that the seat of arbitration shall be Hong Kong. The number of arbitrators shall be three (3). Probly shall appoint one (1) arbitrator and you shall appoint (1) arbitrator. The third arbitrator shall be appointed by the Chairman of the HKIAC. Such arbitrators shall be freely selected and the parties shall not be limited in their selection to any prescribed list. The arbitration proceedings shall be conducted in English.

You understand that by agreeing to these Terms, the parties are each waiving the right to trial by jury or to participate in a class action or class arbitration. To the fullest extent permitted by applicable law, you agree that any proceeding to resolve any dispute, claim or controversy will be brought and conducted only in your individual capacity and not as a party (plaintiff or otherwise) or member of any class (or purported class), consolidated proceeding, multi-plaintiff proceeding or representative action or proceeding. Any arbitration will not be permitted to be consolidated or aggregated with any other arbitration and the arbitrator will not have any authority to do so and will not have the authority to make an award to any person or entity not a part of the individual arbitration in which you are a party. You further agree that any arbitrator may not preside over any form of class action involving you and us.

The Terms, including any policies that expressly incorporate the Terms by reference, constitute the entire agreement between you and us regarding the subject matter herein. The Terms supersede all prior or contemporaneous representations, understandings, agreements, or communications between you and us, if any, whether written or verbal, regarding the subject matter of the Terms.

If any of these Terms is held invalid or unenforceable by an arbitral tribunal or a court of competent jurisdiction, such invalidity or unenforceability will not affect the other provisions of these Terms, which will remain in full force and effect.

You agree that you may not assign or transfer any right to use Probly or the Services or any of your rights or obligations under these Terms without prior written consent from Probly. Probly may assign or transfer any or all its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

You agree that the failure of one party to require performance of any provision under these Terms will not affect that party’s right to require performance at any time thereafter. In the same vein, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable Terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself. Any right or remedy of Probly set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under applicable law, at law, or in equity. The failure or delay of Probly in exercising or enforcing any right, power, or privilege under these Terms shall not operate as a waiver thereof.